Welcome to the Official Web Site of the 

City of Deephaven, Minnesota

 

"two square miles of tranquility"

 

CALL TO ORDER: Chairman Keith Kask called the meeting to order at 7:00 p.m.

PRESENT: Chairman Keith Kask, Commissioners Dan Dyb, Jeff McKinney and Marvin TenClay.

ABSENT: Commissioners Joan Budd and Warren Nelson.

OTHERS PRESENT: Council Liaison Nancy Middleton, Zoning Coordinator Gus Karpas

Motion by Commissioner Dyb, second by Commissioner TenClay, to approve the minutes of August 17, 2004 as presented. Motion carried 3-0-1. Commissioner McKinney did not act on the motion since he was not in attendance at the August meeting.

VARIANCE– Michael Knoblauch – 4865 Highcrest Drive, (R-2, 40,000) request for variances to encroach thirteen feet into the required front yard setback and a request to encroach five feet into the required side yard setback to construct a garage addition with living space above it.

Michael Knoblauch presented the request. He said he is requesting to construct a garage addition with living space above it, which would be totally separate from the existing structure. He said it is necessary to provide living space for his daughter who is a severe asthmatic.

Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed. Kask asked for Commission comments.

Commissioner TenClay commented that the lot meets the minimum required lot area. He said even though a challenge is present due to the angle of the home on the lot, he is not supportive of the request because design alternatives exist which would not require a variance.

Commissioner Dyb said the proposed massing of the structure on the south side of the lot was not in character with the neighborhood. He said he has mixed feelings about a two-stall garage addition. He felt a one-stall addition would be more appropriate. He asked the applicant about the heating and air conditioning of the new space.

Mr. Knoblauch said that all the mechanical equipment would be separate from the main structure. The proposal includes in-floor heating and a wall mounted air conditioning unit.

Commissioner McKinney said he was not supportive of this type of request when there appears to be enough lot area for design alternatives not requiring variances.

Chairman Kask explained that the typical request similar to this is due to some condition on the lot, such as steep grades, which requires a variance. He feels in this case there are not lot conditions which justify a variance. He said the addition of the two-stall garage and mudroom of this size is like adding a whole new home to the lot.

Mr. Knoblauch asked which encroachment concerned the Commission the most. Chairman Kask said, philosophically, both the front and side yard requests concern him. He said the lot meets the minimum required area and has a modern home on it. He said the applicant has options on constructing an addition, though it may not be what he imagined or wanted.

ACTION: Motion by Commissioner Kask to recommend that the City Council deny the variance request to encroach thirteen feet into the required front yard setback and the request to encroach five feet into the required side yard setback to construct the proposed single family structure. The applicant has not demonstrated an undue hardship and the proposed addition, as presented, alters the essential character of the neighborhood. There are design alternatives available which would not require a variance. Commissioner TenClay seconded the motion. The motion carried 4-0. Upon roll call vote Commissioners Dyb, Kask, McKinney and TenClay voted aye. There were no nay votes.

VARIANCE– Thomas Kemmetmueller – 18336 Minnetonka Boulevard, (C-1, 10,000) request for a variance to exceed the maximum permitted fence height by four feet, a variance request to exceed the maximum permitted wall height by three feet and variances to encroach ten feet into the required ten foot side yard setback to construct the proposed fence and retaining wall.

Thomas Kemmetmueller presented the request. He said he would like to utilize an area outside his building, which was once used as a playground area by a former daycare tenant. His plan is to create an outdoor studio area for wedding and graduation photos. He said the proposal includes a nine foot retaining wall structure with multiple waterfalls. He described instances of past vandalism due to the use of Pump Park adjacent to the site and said his request for the ten foot fence is for security purposes.

Chairman Kask opened the Public Hearing. Hearing no public comment, the Public Hearing was closed. He for asked Commissioner comments.

Commissioner TenClay said he could not support a request for a ten foot fence, though he was supportive of a six foot fence similar to those on the west side of the property. Mr. Kemmetmueller said the west side fence has heavy tree growth around it and that a similar fence without trees would not provide the security he needs.

Commissioner McKinney asked about the translucent canopy shown on the plan. Mr. Kemmetmueller said the canopy is used to defuse sunlight and will be installed and removed on a daily basis.

Commissioner Dyb commented that Pump Park gets a lot of traffic and said he was unaware of the vandalism issues. He said that even though he is concerned about the placement of a ten foot fence, he feels it is a request unique to the property and that he is somewhat supportive of the request.

Chairman Kask commented that the request is a difficult one. He said he is uncomfortable with a ten foot fence because other business owners and residents would use an approval as a means to make similar requests. He is concerned that the request is expanding a commercial use outside the structure where it is currently conducted. He is also concerned about the noise of the waterfall, which may be soothing to some, but not everyone finds it relaxing.

Mr. Kemmetmueller said the waterfall would be shut off when not in use. He described the nature of his business and the needs of his clientele. He said most photographers are no longer located in commercial areas, rather they conduct their business in residential districts as a home occupation. He commented that his business supports six families whereas those others do not.

Commissioner McKinney commented about the required setback for typical fences in the city and asked if the applicant could meet that setback with the proposed fence. Mr. Kemmetmueller said the proposed fence will be placed on the property line and that any setback would take up too much space making it unsuitable to his needs.

Chairman Kask said that most businesses in the city were conducted entirely within a structure. He would feel more comfortable if the property was surrounded entirely by commercial property instead of adjacent to residential uses.

Commissioner Dyb asked if there would be trees placed along side the fence. His concern is that they could be used to climb over the fence. Mr. Kemmetmueller said he would not be placing trees on either side of the fence.

Dyb agreed that other businesses might approach the city with a similar request but that he still feels the proposal is unique to the property.

Chairman Kask expressed his concerns about the expansion of a commercial use to include the area outside a commercial structure.

ACTION: Motion by Commissioner Kask to recommend that the City Council deny the variance request to exceed the maximum fence height by four feet, the request to exceed the maximum wall height by three feet and the requests to encroach ten feet into the required ten foot side yard setbacks to construct the proposed fence and retaining wall. The request would alter the essential character of the neighborhood and expand an existing commercial use outside the applicant’s structure. The request is inconsistent with the maximum permitted fence heights throughout the city. Commissioner McKinney seconded the motion. The motion carried 3-1. Upon roll call vote Commissioners Kask, McKinney and TenClay voted aye. Commissioner Dyb voted nay.

PLANNING COMMISSION CANDIDATE – Discuss the appointment of a new Commission member to fill the vacancy created by Anne Lawler.

Zoning Coordinator Karpas explained that the Commission would need to fill Anne Lawler’s recently vacated seat. He asked the Commission how they would like to see the interview process to proceed.

Chairman Kask noted there might be more than one seat open and felt comfortable interviewing those individuals previously interviewed.

Commissioners agreed to invite Kent Carlson, Walter Linder, Carrie Snyder and Bob Werneiwski to the October 19^th meeting. Staff was directed to contact each interviewee to confirm their interest prior to mailing an official invitation.

Motion by Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 4-0. The meeting adjourned at 8:00 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator